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Lee A. DeHihns, III

Senior Counsel


Lee DeHihns is a member of the firm's Environmental & Land Development Group and co-chair of the group's Climate & Sustainability Team. He concentrates on regulatory and defensive litigation matters, including climate change, corporate compliance, debarment, white-collar criminal defense, air quality, hazardous waste, wetlands and water quantity and quality matters for industrial and municipal clients. He was chair of the American Bar Association's Section of Environment, Energy and Resources (SEER) in 2007-2008 and is a SEER delegate to the ABA House of Delegates (2009-2012). Mr. DeHihns was ranked as a leading environmental lawyer in Chambers USA: America's Leading Lawyers for Business (2006-2011). He wrote a chapter titled “Constitutional Influences on Climate Litigation” in the ABA's Principles of Constitutional Environmental Law published in September 2011.

Mr. DeHihns joined the firm in 1990 after serving four years as the deputy regional administrator of USEPA Region 4, the agency's senior career position in the Southeast. His career began with USEPA in 1974 in Washington, D.C., where he rose to the position of associate general counsel. Mr. DeHihns received a Senior Executive Service Meritorious Rank Award from President Bush in 1989. He is on the Board of Trustees of Marywood University (2009-2012).

Representative Experience

  • Representing a textile processing company in defending against litigation and government enforcement related to a fish kill on the Ogeechee River in Southeast Georgia in which over 38,000 fish died of a bacterial infection over a 70-mile stretch of the river.
  • Counsel for the City of Columbus, Georgia, in the ongoing tri-state water rights litigation involving Georgia, Alabama, Florida and the U.S. Army Corps of Engineers, where the sustainable future of Georgia is in serious jeopardy.
  • Representing the National Association of Clean Water Agencies (NACWA) in their challenge to EPA’s “Non-Hazardous Secondary Materials That Are Solid Waste” rule in the U.S. Court of Appeals for the D.C. Circuit.
  • Successfully represented a corporation in defeating class certification in an Alabama federal court case involving allegations of air pollution crossing interstate boundaries.
  • Counsel for Decatur Utilities (Alabama) and Dalton Utilities (Georgia) in managing, under USEPA oversight, the issues associated with biosolids contaminated with PFOA and PFOS, which are found in the bloodstream of most of the U.S. population. The chemicals are used in over 1000 consumer products, such as microwave popcorn bags and stain resistant carpet and fabric.
  • Counsel for Gwinnett County, Georgia, in litigation challenging the County’s NPDES permit to discharge highly treated effluent into Lake Lanier. This case was likely the highest profile wastewater litigation that ever occurred in Georgia.
  • Counsel to municipalities and companies in defending governmental enforcement actions and defending challenges to clients’ permits and business activities pursued by citizens and environmental groups.
  • Counsel to a Fortune 100 forest products company in gaining approval from USEPA for a Project XL proposal to develop a regulatory structure that facilitates flexible manufacturing operations and achieves superior environmental performance at a substantial cost savings to the company.


Publications
Jan 04, 2011
"EPA Issues First Ever Numeric Nutrient Water Quality Criteria and Standards for Florida Lakes and Rivers," American College of Environmental Laywers, January 4, 2011.
February 11, 2010
November/December 2009

Lee A. DeHihns, III

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: 404-881-7151
Fax: 404-253-8569

Education

  • The Catholic University of America
    (J.D., 1974)
  • University of Scranton
    (B.S., 1967)

Admitted to Practice

  • Georgia
  • District of Columbia